OPTAVIA National Convention 2018 Early Bird Registration Giveaway Official Terms and Conditions

Transcription

1 OPTAVIA National Convention 2018 Early Bird Registration Giveaway Official Terms and Conditions NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS AND REGULATIONS. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, AND OTHER LOCALES UNDER THE UNITED STATES JURISDICTION, INCLUDING PUERTO RICO, GUAM, THE U.S. VIRGIN ISLANDS AND OTHER PROTECTED TERRITORIES. VOID WHERE PROHIBITED. MUST BE 18 YEARS OF AGE AND OLDER. INTERNET ACCESS AND ACCESS IS REQUIRED. 1. BINDING AGREEMENT: By participating in the OPTAVIA National Convention 2018 Early Bird Registration Giveaway (the Giveaway ), Entrants ( Entrant or Entrant ) fully and unconditionally agrees to accept these Official Terms and Conditions and the decisions of the Sponsor, OPTAVIA, LLC ( Sponsor, OPTAVIA or Company ), which are final and binding in all matters related to the Giveaway. To be eligible for a prize, the Entrant must fulfill all requirements set forth herein. 2. ELIGIBILITY: The Giveaway is open to legal U.S. residents physically who are, during the Giveaway Entry Period ( Giveaway Entry Period ), at least 18 years of age or older and are either an OPTAVIA Client or OPTAVIA Coach. An OPTAVIA Client is an individual who has an OPTAVIA Coach. An OPTAVIA Coach is an individual who has purchased an OPTAVIA Business Kit and is in good standing and without disciplinary action (i.e., in compliance with all Policies and Procedures, the OPTAVIA Coach Agreement, and Integrated Compensation Plan (collectively the Agreement ). Entrants must be registered to attend OPTAVIA National Convention 2018 ( Convention ) in St. Louis, MO in order to participate. OPTAVIA, LLC, their respective promotions agencies, any of their respective parent companies, affiliates, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the Giveaway Entities ) and their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are ineligible to participate in this Giveaway. 3. GIVEAWAY ENTRY PERIOD: The Giveaway Entry Period ( Giveaway Entry Period ) commences at 12:00 p.m. CDT on July 22, 2017 and closes at 11:59 p.m. PST on August 31,

2 4. HOW TO ENTER: A. No purchase is necessary. Those Entrants who register for OPTAVIA National Convention 2018 during the Giveaway Entry Period will automatically be entered to win a $ Southwest Airlines gift card. B. Alternative Method of Entry: Entrants may also enter the Giveaway by submitting an entry via a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, with their name, their mailing address, phone number and Coach Identification Number (if applicable) to: OPTAVIA, LLC Cronhill Drive Owings Mills, MD Attn.: Events All write-in entries must be received by August 30, There is a limit of one (1) write-in entry per Entrant. Each postcard is considered one (1) entry into the Giveaway. Multiple entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win. C. Additional Entry Conditions: Instructions on how to enter and the Prize form part of these Terms and Conditions. There is no entry fee to participate in the Giveaway. Only one entry per Entrant may be submitted, multiple entries submitted or completed by anyone other than the Entrant are void. D. Sponsor has no obligation to advise an Entrant of an incomplete or otherwise non-compliant entry. Incomplete or indecipherable entries will be deemed invalid. Sponsor is not responsible for lost, late, invalid, unintelligible, incomplete, garbled, or misdirected entries, which will be disqualified. No telephoned, faxed, or mechanically reproduced entries will be accepted. Proof of submission of an entry will not be deemed proof of receipt. Receipt of entries will not be acknowledged, nor will proof of submission of an entry form be deemed proof of receipt. E. Sponsor will be collecting personal data about Entrants (including, without limitation, name, address, phone number, and ) when such participants enter the Giveaway. This material may be used for marketing communication and customer support by the Sponsor, but will not be sold. Acceptance of any Prize shall constitute and signify Giveaway Winner s agreement and consent that Sponsor may use the Giveaway Winner s name, city, state, likeness, photo, video, personal story and/or Prize information by the Entrant in connection with the Giveaway, for the Sponsor s marketing and 2

3 promotional purposes, worldwide, including but not limited to use on the Internet, without limitation and without further payment or consideration, except where prohibited by law. Participation in the Giveaway further constitutes Entrants full and unconditional agreement to and acceptance of these Official Terms and Conditions and willingness to be contacted by mail, telephone, and/or PRIZE: A. One (1) Prize will be awarded. The Prize consists of a $ Southwest Airlines gift card. B. The Prize must be taken as offered and may not be assigned or transferred. The Prize, or any unused portion of the Prize, is not exchangeable by the Winner and cannot be redeemed by the Winner for cash. The Prize cannot be used in conjunction with any other special offer. The Prize is valued in United States dollars. The Sponsor accepts no responsibility for any variation in the Prize value. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. C. Incidental expenses and all other costs and expenses which are not specifically listed as part of the Prize in these Official Terms and Conditions and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded Prize are solely the responsibility of the Winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER AND WILL BE BASED ON THE ACTUAL RETAIL VALUE OF THE PRIZE. D. Except for the Prize value, Giveaway Winner will not receive any additional compensation or acknowledgement for entry in the Giveaway. E. Prize Winner agrees to indemnify, release, and hold harmless the Sponsor, OPTAVIA, LLC and their respective parent, affiliate, subsidiary companies, advertising and promotional agencies, and all their respective officers, directors, employees, representative and agents from any liability, damages, losses or injury (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages) arising in tort (including negligence, whether active, passive or imputed) caused in whole or in part as a result of the Giveaway or OPTAVIA National Convention SELECTION: A. All eligible entries received during the Giveaway Entry Period will be considered. B. Winner will be selected by a random drawing on or about September 5, C. Winner notification will be sent via and/or telephone on or about September 8, Each Entrant is responsible for monitoring his/her calls and s for notification or other communications related to this Giveaway. If a potential Winner cannot be reached by Sponsor within forty eight (48) hours using the contact information provided at the time of entry, or if notification is returned as 3

4 undeliverable, that potential Winner shall forfeit the prize. D. Odds of winning depend upon the number of entries received by the Sponsor. 7. CERTAIN ADDITIONAL CONDITIONS: A. Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/ submitted to Sponsor. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Giveaway should virus, bugs, non-authorized human intervention, legal/regulatory challenge or other causes beyond the control of Sponsor corrupt or impair the administration of this Giveaway. In such case, Sponsor may select the Winner from all eligible entries received prior to the time such action was taken or in such a manner as Sponsor deems fair and appropriate. At its sole discretion, Sponsor may disqualify any Entrant whom it considers to have intentionally violated these Official Terms and Conditions or any element of this Giveaway. By participating, Entrants agree to be bound by the Official Terms and Conditions and the decisions of Sponsor and to waive any right to claim ambiguity in these Official Terms and Conditions. The Giveaway Entities are not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Giveaway or by technical or human error which may occur and/or which may damage a user s system, hardware or software or limit an Entrant s ability to participate in the Giveaway. B. Except where prohibited by law, Giveaway Winner agrees to grant the Sponsor, OPTAVIA, LLC, and/or Medifast, Inc., an irrevocable and transferrable license to use his/her name, photograph, videotape, story, and/or any likeness for advertising or publicity purposes for no additional compensation. Such material may be published through any form of media, including but not limited to print, social media, and on the Internet. Winner waives all claims for remuneration for the use of such materials by the Sponsor, OPTAVIA, LLC, and/or Medifast, Inc. C. Failure to abide by these Office Terms and Conditions may result in disqualification, at the Sponsor s sole discretion. 8. WINNERS LIST: For a list including the name of the Winner, which shall be available without charge after September 8, 2017, please send a separate, self-addressed stamped envelope along with a request for a list of the Winner s name to: OPTAVIA, Attn: Events, Cronhill Drive, Owings Mills, MD Entrants agree that their names may be disclosed publicly should they win a Prize. 4

5 9. ARBITRATION: Except where prohibited by law, as a further condition of participating in this Giveaway, Entrants agree that (a) any and all disputes and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitration under the rules of JAMS (alternative dispute resolution service ) ( JAMS ); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (c) judgment upon such arbitration award may be entered in any court having jurisdiction; and (d) these Official Terms and Conditions, and this Giveaway, shall be governed by the laws of the State of Maryland. All arbitration proceedings and rules, and all materials produced pursuant to the arbitration, shall be strictly confidential. All proceedings shall be conducted in Owings Mills, Maryland. Except as prohibited by law, the parties waive all rights and claims to punitive, incidental or consequential damages, including attorney s fees, and Entrants further waive all rights to have damages multiplied or increased. 10. INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE GIVEAWAY, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SPONSOR AND THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, INCLUDING BUT NOT LIMITED TO OPTAVIA, LLC OR MEDIFAST, INC., ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT S PARTICIPATION IN THE GIVEAWAY AND/OR THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON, AND WHETHER OR NOT THE GIVEAWAY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE GIVEAWAY ENTITIES AND THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY PRIZE. 11. WEBSITE USE: Entrants understand and agree that the download or installation of any content or program, and/or the use of the Sponsor s website and all other elements of this Giveaway are at Entrants own discretion and risk. The Giveaway Entities and their parents, subsidiaries, affiliates (including but not limited to OPTAVIA, LLC, and Medifast, Inc., advertising and promotional agencies, all their respective officers, directors, employees, representatives and agents disclaim any liability for damage to any computer system or loss of data resulting from access to or the download of information or materials connected with 5

6 the Giveaway. Entrants expressly acknowledge and agree that use of the Sponsor s website and all other elements of this Giveaway are at Entrants sole risk. All elements of this Giveaway are provided on an asis and as available basis and you assume full responsibility and risk for use of the Sponsor s website, the internet, and all other elements of this Giveaway. Entrants understand that the Giveaway entities do not make any representations or warranties regarding the reliability, timeliness, availability, and/or performance any elements of this Giveaway. 12. INTELLECTUAL PROPERTY: The Giveaway Official Terms and Conditions and all related web pages, content and code are the property of the Sponsor or authorized third parties. The copying or unauthorized use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited. 13. SEVERABILITY: If any term or other provision of these Official Terms and Conditions is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, such provisions shall be severed and all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect. 14. SPONSOR: The Sponsor of this Giveaway is OPTAVIA, LLC (the Sponsor ), a Delaware Corporation whose principal business address is Cronhill Drive, Owings Mills, Maryland, Entrants authorize the Sponsor to share their information and entry submissions with any parent, subsidiaries or affiliates of OPTAVIA, LLC. 6